Canada Labour Code (R.S.C., 1985, c. L-2)

Marginal note:Establishment mandatory

• 134.1 (1) For the purposes of addressing health and safety matters that apply to the work, undertaking or business of an employer, every employer who normally employs directly three hundred or more employees shall establish a policy health and safety committee and, subject to section 135.1, select and appoint its members.

• Marginal note:Exception

  (2) An employer who normally employs directly more than twenty but fewer than three hundred employees may also establish a policy committee.

• Marginal note:More than one committee

  (3) An employer may establish more than one policy committee with the agreement of

  • (a) the trade union, if any, representing the employees; and

  • (b) the employees, in the case of employees not represented by a trade union.

• Marginal note:Duties of policy committee

  (4) A policy committee

  • (a) shall participate in the development of health and safety policies and programs;

  • (b) shall consider and expeditiously dispose of matters concerning health and safety raised by members of the committee or referred to it by a work place committee or a health and safety representative;

  • (c) shall participate in the development and monitoring of a program for the prevention of hazards in the work place that also provides for the education of employees in health and safety matters;

  • (d) shall participate to the extent that it considers necessary in inquiries, investigations, studies and inspections pertaining to occupational health and safety;

  • (e) shall participate in the development and monitoring of a program for the provision of personal protective equipment, clothing, devices or materials;

  • (f) shall cooperate with the Head;

  • (g) shall monitor data on work accidents, injuries and health hazards; and

  • (h) shall participate in the planning of the implementation and in the implementation of changes that might affect occupational health and safety, including work processes and procedures.

• Marginal note:Investigation — harassment and violence

  (4.1) Despite paragraph (4)(d), a policy committee shall not participate in an investigation, other than an investigation under section 128 or 129, relating to an occurrence of harassment and violence in the work place.

• Marginal note:Information

  (5) A policy committee may request from an employer any information that the committee considers necessary to identify existing or potential hazards with respect to materials, processes, equipment or activities in any of the employer’s work places.

• Marginal note:Access

  (6) A policy committee shall have full access to all of the government and employer reports, studies and tests relating to the health and safety of employees in the work place, or to the parts of those reports, studies and tests that relate to the health and safety of employees, but shall not have access to the medical records of any person except with the person’s consent.

• Marginal note:Meetings of committee

  (7) A policy committee shall meet during regular working hours at least quarterly and, if other meetings are required as a result of an emergency or other special circumstances, the committee shall meet as required during regular working hours or outside those hours.